Harvey M Stone

January 09, 2009 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, discuss recent decisions involving evidence of uncharged acts, ineffective assistance of counsel, claims alleging torture, the "ministerial exception" and the use of FBI reports to attack the credibility of hearsay declarants heard on a tape.

By Harvey M. Stone and Richard H. Dolan

9 minute read

May 14, 2010 | New York Law Journal

In their Eastern District Roundup column, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, look at recent cases, including that of a woman denied a change in immigration status because she had failed to sign the check submitted to cover A filing fee.

By Harvey M. Stone and Richard H. Dolan

12 minute read

November 14, 2008 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent decisions of interest, including a holding that ERISA preemption did not apply to plaintiff's claim for breach of contract, a denial of a stay of discovery in a civil suit by the SEC against the same defendants charged in a pending criminal case, a rejection of bail pending appeal for a defendant convicted of a violent crime, and a ruling that evidence of post-mortem dismemberment would be inadmissible during the sentencing phase of a death-penalty case.

By Harvey M. Stone and Richard H. Dolan

9 minute read

July 10, 2009 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent significant decisions, including a ruling that rejected a constitutional challenge to New York's statutory restrictions on who may conduct boiler inspections, another in which the judge analyzed particularity and overbreadth issues in denying a motion to suppress evidence seized pursuant to a search warrant, an opinion that discussed restitution in criminal cases and specifically focused on how to deal with restitution for a "victim" who had profited from the charged crimes and his own cooperation, and more.

By Harvey M. Stone and Richard H. Dolan

13 minute read

December 11, 2009 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam, Stone & Dolan, write: Judge Joanna Seybert vacated a state conviction on grounds of ineffective assistance of counsel and the admission of irrelevant, prejudicial evidence. Judge Nina Gershon granted a motion by defendant, a college president, for entry of judgment against herself in the amount of nine dollars without a concession of liability regarding plaintiffs' First Amendment claims. Judge Jack B. Weinstein declined to certify a class of persons who had bought defendants' prepaid calling cards, and Judge Arthur D. Spatt made various rulings in denying a motion to dismiss.

By Harvey M. Stone and Richard H. Dolan

13 minute read

March 10, 2006 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, analyze recent rulings, including Judge David G. Trager's dismissal of claims by a Canadian-Syrian citizen based on his rendition to Syria and alleged torture there.

By Harvey M. Stone and Richard H. Dolan

10 minute read

August 19, 2005 | New York Law Journal

Peter R. Schlam, who died on June 1, 2005 and was a founding partner at Schlam Stone & Dolan, and Harvey M. Stone, a partner at the firm, analyze cases including a grant of a habeas petition where an eyewitness' testimony was found unduly suggestive and a ruling on an argument that the Eleventh Amendment shielded a health-care provider from an ADA claim.

By Peter R. Schlam and Harvey M. Stone

11 minute read

August 11, 2006 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that in deciding whether prior state drug convictions should be counted as "serious" offenses for purposes of federal sentencing enhancements under the Armed Career Criminal Act, Judge David G. Trager looked to recent ameliorative changes in New York law rather than to the harsher laws in effect at the time of defendant's state court convictions.

By Harvey M. Stone and Richard H. Dolan

12 minute read

July 09, 2004 | New York Law Journal

Peter R. Schlam and Harvey M. Stone, partners at Schlam Stone & Dolan, discuss several significant decisions handed down recently in the U.S. District Court for the Eastern District of New York.

By Peter R. Schlam and Harvey M. Stone

10 minute read

November 09, 2007 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Raymond J. Dearie recently found that plaintiffs' state law claims against an air carrier were not preempted by the Montreal Convention, while Judge Nicholas G. Garaufis found the fugitive disentitlement doctrine to apply in a forfeiture case.

By Harvey M. Stone and Richard H. Dolan

11 minute read